Rajendra Mushar @ Rajindra Musahar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38797 of 2018 Arising Out of PS.Case No. -7 Year- 2018 Thana -BAGAINGOLA District- BUXAR ======================================================

1. Rajendra Mushar @ Rajindra Musahar son of Rambadan Mushar

2. Ravindra Mushar son of Rajendra Mushar Both resident of VillageEkrasi, Kadwa, P.S.- Bagen Gola, District- Buxar. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are languishing in judicial custody since 18.03.2018 in connection with Bagen Gola P.S. Case No. 07 of 2018 for offences punishable under Sections 147, 148, 149, 307 and 302 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that he was assaulted by the petitioners and others. Thereafter co-accused Sanju Musahar brought a knife and stabbed his brother who during course of treatment succumbed to the

Patna High Court Cr.Misc. No.38797 of 2018 (2) dt.10-07-2018 2/3 injury.

It has been submitted by the learned counsel for the petitioners that they are innocent, specific allegation is upon coaccused Sanju Musahar and that two of the similarly situated accused persons have already been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 37459 of 2018 vide order dated 04.07.2018. He submits that investigation in the aforesaid case is already complete and that the petitioners bear no criminal history.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Buxar in connection with Bagen Gola P.S. Case No. 07 of 2018, subject to the conditions that:

(1) One of the bailors would be a close relative of the petitioners having sufficient immovable property, who will file an affidavit stating his relationship with the petitioners.

(2) If the petitioners indulge in an offence of similar nature in

Patna High Court Cr.Misc. No.38797 of 2018 (2) dt.10-07-2018 3/3 future, the prosecution will be at liberty to move the learned court below for cancellation of their bail bonds. (Nilu Agrawal, J) Devendra/- U T